Zoning Issues?

Owners of immovable property often think that they are entitled to use the property for any purpose they deem fit. This is however not the case as every property within a municipal jurisdiction has an assigned zoning and is regulated in terms of that specific municipality’s town planning scheme. The zoning of a property dictates how the land and buildings on a property can or cannot be used.

Zoning does not only regulate what the property can be used for (e.g. residential, business, industrial, etc.), but also the extent (size in m²) of the building, height, parking requirements, building lines, minimum erf size and space to be kept open on a certain property. These specifications are commonly known as the building controls of the property. If your property is zoned “Residential 1” and your neighbour’s property is also zoned “Residential 1” it does not mean that the exact same building control’s is applicable to both properties.

In the City of Tshwane there are 30 assigned zonings that are used to regulate the use and activity of a property. For instance, residential properties can be classified within 5 different types of zoning, business rights are regulated by 4 types of zoning – and both residential and business rights can be classified as “Special” zoning, depending on the anticipated/approved use.

The zoning of a property can be very confusing, and a zoning certificate must be read with the town planning scheme to make sense of the rights. We strongly advise that a registered town planner be contact on any zoning related issues.

Should you have any zoning related questions, concerns or require general advice do not hesitate to contact us at helpme@icompli.biz or 086 006 1062.